§ 53-6-50 - (Pre-1998 Probate Code) Definitions

O.C.G.A. 53-6-50 (2010)
53-6-50. (Pre-1998 Probate Code) Definitions


As used in this part, the term:

(1) "Administrator," "executor," or "guardian" means any sole or coadministrator, coexecutor, or coguardian appointed to administer the estate of a decedent or of an infant or of an incompetent person, as the case may be.

(2) "Fiduciary" means trustee, administrator, executor, or guardian defined in paragraph (1) or (3) of this Code section.

(3) "Trustee" means any sole or cotrustee and any advisor or consultant exercising any fiduciary control over a testamentary or an express trust.

(4) "War service" means that which a trustee, administrator, executor, guardian, or other fiduciary may enter and which renders it impossible or inconvenient for him to perform the duties imposed upon him as a fiduciary. "War service" shall include the following, during the period that the United States is engaged in war with any foreign nation:

(A) Active membership in the military, naval, or air forces of the United States or of any of its allies;

(B) Acceptance for membership in the military, naval, or air forces of the United States or any of its allies and awaiting induction into that service;

(C) Participation in any work abroad in connection with a governmental agency of the United States, with the American Red Cross, or with any other similar service;

(D) Internment in any enemy country or absence from the United States; and

(E) Any service at home or abroad, arising out of or in connection with the war, which in the opinion of the court prevents the fiduciary from giving the proper attention to his duties.